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Minutes - 1996 - Planning & Zoning - 08/19/1996 - Regular EAGLE PLANNING AND ZONING MEETING MINUTES August 19,1996 Eag.lì elan olling..;¡Commission met in regular session on August 19, 1996. Chairman BRINTON presiding. The following members were present: BERT BRADLEY, DONALD BRINTON, RUSSEL MAYER, COLLEEN MAILE, FARRIN FARNWORTH. CONTINUATION OF PUBLIC HEARING FOR PROPOSED ZONING ORDINANCE AMENDMENTS. LEGAL COUNSEL: Report from the City Council meeting. The last meeting of the Planning and Zoning Commission you finalized one of the Design Review Ordinances before you and sent that ahead to the City Council because they had noticed a Public Hearing on it. The City Council voted that they would continue their Public Hearing and await the entire Ordinance to come forward from the Planning and Zoning Commission. This is still a Public Hearing, it has not been closed. Page 16 of 35: 8-2A-8 Sign Regulations: Page 17 of 35: Area, Or Suñace Area, Of Building: MIKE VANCE: I am trying or attempting to represent the Design Review Committee. Before we go through each of the definitions in the book, I would like to give you an idea of what the new ordinance might say. Discussion on signs. Existing Ordinance does have some flaws in it that has not been challenged. We are trying to quiet down the signage a little bit so people are not overwhelmed by signage. MAILE: Mr. Vance, I want to make sure of the percentage you are recommending, are you recommending 4 or 5% of the square footage of them facade? VANCE: I would personally recommend 4%. However, the 5% appears to be somewhat close to what we have been doing. DISCUSSION thaLJeCordat the last MARK: Mr. Vance made reference to a Petition that I H: \P&Z\MBBTINGS\PLAN_ZON\MlNUTBS\1996\PZD81996 ,MIN 1 and Zoning meeting and made reference that there are additional names for that ion. ..... Laura Markham just handed this to me and I would like to submit it into the r,o..iTrlñè relF1P Iy 25 names on this, some of which are not legal residents. re isåls v ttached from Wild West. The cover letter addresses the lion åfud.lwo r I VANCE: The things that are not mentioned in the Sign Ordinance are the banner signs that people put up on the side of their buildings and sandwich board signs that go up. DISCUSSION Design Review looked at several of the Design Review Guidelines from many areas. Sisters gave the one that predominately was used. DISCUSSION MAILE: I guess we are just looking for some assurance that you all have done your homework and feel comfortable that the dollars will come in with small signs as opposed to large signs. DISCUSSION Page 17 of 35: Any time facade is used change to face of building. Area or surface of the building for signage would be whatever legal address of that building is. MARK: Comment on definition. I wonder if people might be confused what a roof is. In people's mind they are thinking of top. They might not understand that this excluding the gable and mansard. We should clarify. Excluding the roof, gabled, mansard and clarify that a little bit better. BRINTON: Not a problem as long as all those terms are defined within this section. DISCUSSION Page 18 of 35 BRINTON: We talked about adding the word sign after the grand opening. MAILE: But it is not appropriate. Grand Opening is defined here as an activity or event it is not a definition of a sign. I think the purpose of the definition is simply to define "Grand Opening" because the definition says it is a promotionâ'vi~, H, \P&Z\MEETINGS\PLAN_ZON\MINUTES\1996\PZOS1996 ,MIN 2 BRINTON: We talked about crossing off Identification S . Yes we did talk about crossing that off because it is not referenced in the at all. Idlntification Sign. Page 19 of 35 MARK: The recommendation was made under Surface Area. "Area, or Surface Area, of Sign" should be made bold. DISCUSSION Page 20 of 35 MARK: The City Attorney has pointed out that on Page 18 we do not have a definition of Monument Sign. I can provide you one for the next meeting. MARK: Page 20. C. General Guidelines. The recommendation was to bold those two words. Also any area where it mentions facade is to be changed to face. C. 2. Recommendation that three square feet (3 sq. ft.) be changed to eight square feet (8 sq. ft.). Also that we add seven feet six inches (7'6') minimum height from the sidewalk or walk area to the bottom of a free hanging sign. DISCUSSION C.3 DISCUSSION C.4 DISCUSSION FARNWORTH: I move that the face of the building shall not exceed 5% of the face of the building and Seconded by MAYER. DISCUSSION Chairman calls for a five minute break BRADLEY: We have a motion on the floor. C.4. The total perimeter area of any sign attached or painted to the face of the building shall not exceed five percent (5%). It has been Moved and Seconded. ALL AYE: MOTION CARRIED H, \P&Z\MEETINGS\PLAN_ZON\MlNUTES\1996\PZOB1996 ,MIN 3 Y: There is some other discussion on the Monument Sign. Change 6' height to . . Is there any discussion? C.3. Recommendation: Shall not exceed 6' or 10' depending upon location. DISCUSSION ON C. 2. Leave it at 8'. Page 21 of 35 MARK: D. Recommend that we actually spell out the Downtown Development Area, the Transitional Development Area and the Community Entry Development Area to make it clear that is what we are talking about. D.2. There was a lot of talk about taking out wooden material. I think you came up with shall be made of signage material that gives a wood appearance. BRADLEY: We just said signage material. DISCUSSION BRINTON: I make a Motion that we strike in Paragraph D. TDA and CEDA so that we are focusing on the Downtown Development Area and Seconded by MAILE. ALL AYE: MOTION CARRIED: BRINTON: So now we are talking about the Downtown Development Area. DISCUSSION MAILE: I move that D. #1 on Page 21 shall be amended to say "Monument, free hanging, signboard and wall mounted signs shall be the approved sign styles in the Design Review Booklet and shall be made of material other than plexi-glass or plastic and Seconded by MAYER. MAILE: I also move that we strike #2 at the end of item #1 at the verbiage other than plastic or plexi-glass and Seconded by MAYER. ALL AYE: MOTION CARRIED BRINTON: For the record we need to strike out the TD nd theCEDA on 0.#3. H, \P&Z\MEETINGS\PLAN_ZON\MlIlUTBS\1996\PZO81996 , MIN 4 t we have the same requirement on the TDA for the I mounted in the #1 area as we do for the DDA and I'm open DISCUSSION BRINTON: I recommend that we change Paragraph D to read DDA and TDA as modified under our original DDA scenario and Seconded by MEYER. BRADLEY: You didn't put that in the form of a Motion. BRINTON: So moved then. ALL AYE: MOTION CARRIED DISCUSSION BRINTON: For the CEDA I recommend that we remove the prohibition of plastic on the sign and remove the restriction for illuminated signage and Seconded by MAYER. ALL AYE: EXCEPT MAILE: MOTION CARRIED DISCUSSION Page 22 of 35-E. Monument and Detached Street Signs-#1. DISCUSSION MAILE: I Move that in an instance where a shopping center with more than one point of access on different streets, a second monument sign may be allowed not to exceed more than 50% of the size of the first monument sign and Seconded by MAYER. DISCUSSION MAILE: I amend my motion to read 30% of the size instead of 50% and Second agrees. DISCUSSION H, \P&Z\MEBTINGS\PLAN_ZON\MlNUTBS\1996\PZO81996 ,MIN 5 : MOTION CARRIED ON Page 23 of 35-F. Sign Illumination. BRINTON: We need to clarify that interior illuminated signs are not permitted in the TDA and the DDA. DISCUSSION FARNWORTH: I Move that on Item 2-B- we will allow Mr. Vance to come up with a recommendation for illuminance for interior and exterior lite signs and Seconded by MAILE. ALL AYE: MOTION CARRIED. Page 23 of 35-F .#2 DISCUSSION MAYER: I Move to strike Paragraph A and Seconded by BRINTON. ALL AYE: MOTION CARRIED DISCUSSION Page 23 of 35-G. Landscaping. Page 23 of 35-H. Master Sign Plan. BRINTON: In that particular paragraph mini-mall, multi-tenant, commercial or industrial facility are not defined. I don't have a problem with anything in there, they are just not defined. DISCUSSION Page 23 of 35-1. Nonconforming Signs. DISCUSSION H: \P&Z\MBBTINGS\PLAN_ZON\MlNUTBS\1996\PZO81996 ,MIN 6 ,QN: This Paragraph should read - All signs in the Design Review Overlay District effective date hereof shall conform to this chapter upon any change in ownership, j~g;~ c n in le~Îor or tenant of the business or buildings to which the signs p in,Qr upo h 'n ~~e sign face which such sign pertains, but no later than ten y rS anl.no I n Qye,ars to come into compliance with the progress with the exception of Historical areas shown under Paragraph N of this Section. Page 24 of 35-J. Prohibited Signs. DISCUSSION Page 25 of 35 Page 26 of 35-M. #4. BRINTON: Change to something like this - Contractor's signs shall be placed on the construction site. Signs should not exceed 6' and one sign for all contractors, etc., not exceeding thirty-two feet unless legally required by governmental contract to be larger, eight feet overall height, smaller if signs are place on the right of way and must be located within five feet of the property line. DISCUSSION MAILE: Contractors' signs on the construction site only may include banks, Realtors, subcontractors, etc. not exceeding thirty two feet unless legally required by governmental contracts to be larger, eight feet overall height and located a minimum of five feet inside the property line. DISCUSSION Page 26 of 35-M.#3. FARNWORTH: Item #3. Strike this. DISCUSSION Page 27 of 35-N. #5 BRINTON: I recommend changing this to thirty two square feet. DISCUSSION Page 28 of 35-N.#13 H: \P&Z\MBBTINGS\PLAN_ZON\MlNUTES\1996\PZO81996 ,MIN 7 : We need to specify what this is - Nonconforming Uses. DISCUSSION Page 30 of 35-8. #6. DISCUSSION Page 31 of 35-8-2A-14: Appeals-A. DISCUSSION MAILE: Should read - Such person should have filed a written application with the Zoning Administrator or comment with Zoning Administrator at or before the Design Review Board or Planning & Zoning Commission public meeting or personally appeared and testified - so that way we are covered. DISCUSSION MARK: 8. 14 days is not enough time. I think it should be 21 days. Page 32 of 35-8-2A-15: Term of Approval DISCUSSION Page 33 of 35-8-2A-17 -A. DISCUSSION FARNWORTH: I think it should have Design Review and the Planning and Zoning Commission. DISCUSSION MARK: It should say - approved by the Zoning Administrator or Design Review Board and Planning and Zoning. So it is either me or the Board or the Planning and Zoning. DISCUSSION H, \P&Z\MBBTINGS\PLAN_ZON\MlNUTBS\1996\PZDB1996 ,MIN 8 OUNSEL: I would say - approved by the Zoning Administrator in accordance with ode. BRADLEY: It says bond for 120% of landscaping and I question whether that is enough. I think we should bond for 150%. DISCUSSION Page 34 of 35-Duties. MARK: I think legal staff needs to look into the description of the Design Review Board. Under Section 2-2-1 of the Code it says that the Design Review Board is appointed by the Mayor. If this is now a Committee under Planning and Zoning which is the way we are changing it, I believe the State law reads that the Committee should be appointed by Planning and Zoning. We need to also amend 2-2-1 of our existing Code. DISCUSSION Page 35 of 35 DISCUSSION LEGAL COUNSEL: Page 31 of 35-8-2A-14: Appeals. I suggest: A. Appeals of Planning and Zoning Commission Decisions; Any final decision of the Planning and Zoning Commission may be appealed to the City Council by the applicant, any aggrieved person, or the Zoning Administrator. And strike the world from provided through the word meeting, about three lines down and add the sentence: An aggrieved person is a person, or entity who appeared personally or in writing before the Planning and Zoning Commission or the Design Review Board on application being appealed. Then it will say: The appealing party shall file a written notice of appeal stating specifically which requirements are to be addressed by the council and the grounds for the appeal with the Zoning Administrator before 5:00 p.m. on the tenth calendar day after the decision or determination has been made. The basis of the appeal shall include the following: 1. Name, mailing address, and telephone number of the appealing party. 2. Date and subject matter of the final decision ordihanceeffected by 3. Inconsistency with the purpose and objectiv H, \P&Z\MBBTINGS\PLAN _ZON\MINUTBS\ 1996 \PZO B 19 96 ,MIN 9 decision. ic hardship of the final decision (if applicable). itbHthe design integrity of the proposal. 6. Discriminatory prevention of allowed land use (if applicable). 7. Consideration by the Design Review Board of improper motive or irrelevant information such as the race, ethnic origin, incomes, or other attributes of the proposed occupants or owners (if applicable). 8. Unwarranted restriction of building type, material, or method. DISCUSSION MAILE: One question. The line that said shall appear in writing. I think something is missing. LEGAL COUNSEL: To participate, how about that? Participated personally, or in writing. MAILE: I'm happy with that. BRADLEY: Do we move to adopt this Ordinance in its entirety. LEGAL COUNSEL: The first step now is to close the Public Hearing. Second, the Commission needs to decide whether or not to recommend to send this Ordinance with the changes made in this hearing today on to City Council for their review or you could come back to another meeting and review the changes that you have made in this Ordinance. DISCUSSION BRADLEY: The hearing on the Public portion is closed. MAILE: I Move that we recommend to City Council the approval of amendments to Title 6-Parks Committee, Title 7-Sign Regulations, Title 8-2-A Design Review Code that it be adopted by City Council with the changes recommended by this body and Seconded by MAYER. DISCUSSION MAILE: Add to the Motion - That this will be forward. on ¡tQHCounciias first stated and a copy of the modified amendments shalliiJê .pripare4tl by th$ Zoning H: \P&Z\MEETINGS\PLAN_ZON\MINUTBS\1996\PZOB1996 , MIN 10 . . rator and provided to members of this board for information and Second ALL AYE: MOTION CARRIED MAYER: For the record I will not be at any meetings in September. BRINTON: Move the minutes from August 5 to our next meeting and the City Report. MOVED BY MAILE TO ADJOURN AND SECONDED BY FARNWORTH ALL AYE: MOTION CARRIED R~, ULL Y SUBMITTED: c--s ~ LAURA MARKHAM O.t<cMj LðuJckr- EAGLE CLERK~ ~ ! ¡ i A TRANSCRIBABLE RECORD OF THESE MINUTES IS AVAILABLE AT CITY HALL H: \P&Z\MBBTINGS\PLAN_ZON\MlNUTES\1996\PZOB1996 , MIN 11